HomeMy WebLinkAboutR12-117 Stone Yard Distillery Special Use Permit Eagle County, CO 201224594
Teak J Simonton 12/06/2012
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Commissioner 4A moved adoption
of the following Resolution:
RESOLUTION
•
of the
COUNTY OF EAGLE, STATE OF COLORADO
•
• RESOLUTION NO. 2012 - 1
APPROVAL
OF THE SPECIAL USE PERM!T
(STONE YARD DISTILLERY, INC.)
FOR MANUFACTURING OPERATIONS WITHIN THE DOTSEl2O RANCH PUD
• FILE NO. ZS -3854
WHEREAS, on or about July 2, 2012, the County of Eagle, State of Colorado, accepted
for filing an 'application submitted by Dotsero.Ranch LLC (hereinafter "Applicant ") for the
purpose of operating a spirits distillery manufacturing operation and future tasting room, under
the name of "Stone Yard Distillery, Inc." (the "Distillery "), and located within .Lot 1, Dotsero
Ranch Planned Unit Development (the "PUD "); and
•
WH.EREAS, the Applicant requested the approval of a Spec.ial•Usc Permit to allow for
the indoor production and warehousing of distilled .liquor and spirits within an existing 1,600
square toot structure located on Lot 1 of the PUD, and future tasting room operations (the
"Distillery Use" or the "Special Use "); and
• WHEREAS, the PUD allows for up to 30,000 square feet of "Commercial/Light-
•. Industrial' uses of various types on. Lot 1, wherein "Manufacturing" uses are specifically allowed
only by special use permit; and
WHEREAS, storage of materials used in the production.of distilled liquor and spirits
will occur within existing buildings and within outdoor storage containers; and -
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WHEREAS, this Special Use Permit includes future expansion of the Distillery Use , not
to exceed five- thousand (5,000) square feet of enclosed space, to include a tasting room for the
purpose of serving patrons on -site; and
WHEREAS, any expansion of the Distillery Use in excess of 5,000 gross square feet
shall require additional review by Eagle County and amendment of this Special Use Permit, and
may trigger additional review by the Colorado Department of Transportation (hereinafter
"CDOT ") for the purposes of ensuring compliance with applicable traffic and access code
requirements; and
WHEREAS, notice of the Special Use was given to all proper agencies and departments
as required by the Eagle County Land Use Regulations (hereinafter the "ECLURs "), Section 5-
210.E; and
WHEREAS, at its public hearings held on September 19, 2012, the Eagle County
Planning Commission, based upon its findings, recommended approval with conditions of the
proposed Special Use; and
WHEREAS, at its regular public hearing of October 23, 2012, the Eagle County Board
of Commissioners (hereinafter the "Board "), considered the proposed Special Use; associated
plans; the statements and concerns of the Applicant, the Eagle County Community Development
and Engineering staff, and other interested persons, and; the recommendation of the Eagle
County Planning Commission; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, the Future Land Use Map (the "FLUM ") for
Eagle County, and the Eagle County Open Space Plan, as well as comments of the Eagle County
Department of Community Development, comments of public officials and agencies, the
recommendation of the Planning Commission, and comments from all interested parties, the
Board, finds as follows:
1. That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
2. That pursuant to ECLURs Section 5 -250.B Standards for the review of a Special Use
Permit:
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(1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be
shown to be appropriate for its proposed location and be consistent with the
purposes, goals, objectives and policies of the Comprehensive Plan and FLUM,
including standards for building and structural intensities and densities, and
intensities of use.
(2) Compatibility. The proposed Special Use IS appropriate for its proposed location
and IS compatible with the character of surrounding land uses.
(3) Zone District Standards. The proposed Special Use DOES comply with the
standards of the zone district in which it is located and the standards applicable to
the particular use, as identified in ECLURs, Section 3 -310, Review Standards
Applicable to Particular Residential, Agricultural and Resource Uses; specifically
under Section 3 -310.P Zone Standards for Exploration, Extraction, and
Processing Operations.
(4) Design Minimizes Adverse Impact. The design of the proposed Special Use
DOES adequately minimize adverse impacts, including visual impact of the
proposed use on adjacent lands; furthermore, the proposed Special Use CAN
avoid significant adverse impact on surrounding lands regarding trash, service
delivery, parking and loading, odors, glare, and vibration, it CAN avoid adverse
impact on surrounding lands regarding noise and traffic, and WILL NOT create a
nuisance.
(5) Design Minimizes Environmental Impact. The proposed Special Use WILL
fully minimize environmental impacts, and will not cause significant deterioration
of water and air resources, wildlife habitat, scenic, and other natural resources.
(6) Impact on Public Facilities. The proposed Special Use IS adequately served by
public facilities and services such as roads, pedestrian paths, potable water and
waste water facilities, parks, schools, police and fire protection, and emergency
medical services.
(7) Site Development Standards. It is anticipated that the proposed Special Use
WILL fully comply with all applicable standards in the ECLURs, Article 4, Site
Development Standards upon receiving outstanding subdivision and access
approvals.
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(8) Other Provisions. The proposed Special Use DOES comply with all standards
imposed on it by all other applicable provisions of the ECLURs for use, layout,
and general development characteristics.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT the Special Use Permit application for the Stone Yard Distillery, Inc., located within
Lot 1, Dotsero Ranch PUD, in the unincorporated area of Eagle County described herein be
approved, subject to the following conditions, and that violation of any condition shall be the basis
for revocation of the Special Use Permit:
1. Except as otherwise modified by this development permit, all material
representations made by the Applicant in this application and in public meeting
shall be adhered to and considered conditions of approval.
2. The Applicant shall submit a landscaping plan for the area surrounding the
Distillery Use on Lot 1 to Eagle County prior to or concurrent with the submittal
of any building, electrical, plumbing or miscellaneous permit, showing, at a
minimum, how the property immediately surrounding the existing building will
be treated with xeriscaping including, but not limited to, decorative rock and
other means by which to delineate parking and landscape areas, as well as public
spaces and entrances.
3. The Applicant is required to provide at least one bear proof trash container for
the disposal of food wastes associated with the Distillery Use on Lot 1.
4. Any additions to the existing building to be used for production of distilled
spirits, or any new buildings that may be proposed in the future as part of any
expansion of this special use for manufacturing of distilled spirits, shall be
stained or painted to match other out - buildings on Lot 1.
5. The Applicant shall provide screening around all outdoor storage areas and
containers directly associated with the Distillery use; such screening may
include, but not be limited to, vegetative screening, fencing and /or stone walls
that match or complement building materials and colors.
6. The Applicant shall provide Eagle County staff with a letter from the Gypsum
Fire Protection District confirming that the Applicant's plans for water supply
and fire protection will meet the standards of the District, prior to final
occupancy of the Distillery building.
7. The Applicant shall provide Eagle County staff with a lighting plan for the
existing building, any outdoor uses (storage, etc.) and any security lighting
associated with the Distillery Use; which plan shall include downcast lighting in
conformance with the ECLURs.
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8. The Applicant shall provide Eagle County staff with a final, detailed Site Plan
showing:
a. Landscaping in conformance with the standards prescribed in the Dotsero Ranch
PUD, with particular details for those areas surrounding the existing building where
xeriscape and hardscape improvements are to be made and maintained;
b. Wayfinding improvements, including but not limited to, fencing (split rail fences to
direct patrons to driving lanes, walkways and parking areas), and signage.
9. This Special Use Permit for a distillery operation within an existing building located on Lot
1, Dotsero Ranch PUD will be inspected yearly by County staff for the first three (3) years of
operation, which time period shall commence on the date upon which a Certificate of
Occupancy is issued for the existing building on Lot 1. Such inspection(s) shall be performed
for the purpose of ensuring compliance with, and/or satisfaction of all applicable conditions
of approval. At the end of said three (3) year time period, or sooner if the Applicant is judged
by County staff to have satisfied all applicable conditions, the Special Use shall either be
considered fully vested, or the County staff shall provide the Applicant written notification of
any and all outstanding issues of conformance with conditions of approval, as well as
specific timeframes and remedies stated for completion. The Applicant shall be afforded the
process and timeframes outlined in the ECLURs in which to address such issues
satisfactorily.
10. Operation of any future tasting room on Lot 1, Dotsero Ranch PUD , or any other
expansion of the Distillery Use which causes the gross square footage of the
Distillery Use to exceed 5,000 square feet, shall comply fully with any and all
CDOT traffic and access conditions and standards as may be required for the CDOT
access permit for the Dotsero Ranch PUD. Any such expansion of the Distillery
Use as set forth in this paragraph 10 shall also require additional review by Eagle
County and amendment of this Special Use Permit.
THAT, this permit shall be subject to review as provided for by the ECLURs.
THAT, the Board directs the Department of Community Development to provide a copy
of this Resolution to the Applicant.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the day of
2012, nunc pro tunc to the 23` day of October, 2012.
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COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
ATTEST: t cg. coG
BY: 416 ' ; BYE
Teak P
QLO� airman' ak J. Simonton Peter F. Runyon, a r
e Y
Clerk to the Board of - .4/4
County Commissioners BY: 111 ..1"
lg t4 , "Levi Jo ney, Commissioner
BY: jeuta4 fZ
Sara J. Fisher, Commissioner
Commissioner SL ►l. p- seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Peter F. Runyon
Commissioner Jon Stavney n n n
Commissioner Sara J. Fisher "
This Resolution passed by / V vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
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